Thursday 11 September 2014

How_to_File_Bankruptcy-- Gennady Litvin from Litvin Law Firm



How to File for Bankruptcy
Bankruptcy is a series of laws which are enacted to allow people to pay back their debts. It gives people a chance to start over with a clean slate. However, with the change of laws in 2005, making the road to a fresh start is more complicated than it was before. Therefore, to file for bankruptcy, it is important that you completely understand the benefits and drawbacks and are familiar with the process.  

Know What Type of Bankruptcy to File

The two most common forms of bankruptcy are chapter 7 and chapter 13. In Chapter 7 bankruptcy, which is also known as liquidation or straight bankruptcy, your debts are canceled, and your property is secure from foreclosure as long as you keep making your payments on time.
If you have a nonexempt property, you will have to short sale it or hand it over to your creditors, to pay them back. In Chapter 13 you are allowed to set up a repayment plan, usually granting you a time period of three to five years, for you to pay back the amount you owe. Assets, such as your car and house, may be kept as long, as you are able to keep making your payments.

Find Out How Much Filing Bankruptcy Will Cost

The first and most important step is to find out how much filing for bankruptcy will cost. The fees for filing usually include court filing fees and lawyer’s fees. Some lawyers will charge a flat fee which is more preferable and others will charge based on the amount you owe. A lawyer cannot be your creditor in a chapter 7 case. So, you will have to pay the attorney in full, before the case is filed.
In a chapter 13 case, the entire attorney’s fee does not need to be paid before filing, but it must be paid later through your chapter 13 plan. There is also a court filing fees, which has to be paid prior to filing, unless you apply for a bankruptcy fee waiver, in which you will be required to pay the fee, within a reasonable time after the filing process. However, if you are receiving legal services, you will not have to pay a penny for anything.

Complete the Filing Process

Section 109(h) of the Bankruptcy Code, states that prior to filing a bankruptcy case, an individual must receive some consumer credit counseling, within 180 days of the date of filing the bankruptcy case. After the credit counseling, your lawyer will file a petition for bankruptcy and you will receive a notification of a court date for a hearing, known as the “meeting of creditors”.
This meeting ensures that you have given honest and truthful answers in your petition and you understand all the terms and conditions and agree to the filing for bankruptcy. After this process, your case will be completed within four to six months of filing. Therefore, your selected debts will be resolved for a repayment plan, depending on the type of bankruptcy you have filed for.
As you can see, things can get quite complicated when it comes to filing for bankruptcy. So, the best option is to contact the Litvin Law Firm and ask for Gennady Litvin a lawyer who concentrates on bankruptcy cases. This will ensure you get your due rights and have the best chance of repaying your debts.

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